Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-09-18
INFoR NATION
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OWNERS AND LOcATORs
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NT TAT -

APPLICATION FOR PATENT

ths racn-s .oeoAFer tney become a na,.
'ne record, and can neither be withapAf part
ersl Land Once. 70 the Gen
An application will be rejected w,au
scfsption OF the premises is erroneous sne
cause: w rejected be
First The notice was published w,.ho
knowledge Of the Register. "Asnousth
oocono-Ine notice was not published =.
eWspape designated ss published nesrest N \.
and VS. iouho defective,
Fousth-,A previous application had ~
made Tor the same premises. which peen
drawn pending q suit in Court commenss Si, 70
the adverse claimant, euced by
Ar application for patent will be re,so,.a
when the survey does not accurately dssn ~ Z
boundaries OF the claim. Nenne' ae
ance with law. accord.
Where several parties own separate and a..
nnct portions of, q claim, appbc.t,ou US y.
pstsnt may De made by either for that portion
OF the claim owned by him; but where so.a .oa
parties W undivided interests in . so,e.al
claim all should join in an application so.ss
patent. LOT
A person or association may purob.s.
many placer locations az the local law sdm,..
patent. '"s
TWO or more lodes cannot be embraced 4,
one application for Q patent except for Mac.
claims embracing two or more lodes WITH,
their boundaries ""Aa
Papers sworn 20 before say person purnor.
ing to act as . deputy for the Register snd I.
ceiver cannot be recorded a. evidences "
In all patents for mining claims s,sr.,.,
WITHIN the interior boundaries of a town m
. clause 10 inserted excepting and eroinains
all town property, rights upon the surface
and all houses, buildings. structures. los
blocks. streets, alleys or other munictn.i ~
proyements not belonging to the urantae -.
in. and all rights necessary or proper 10 IN
occupation, possession and enjoyment OF IN
same" ~
Publication Of notice must be made n on,,
one newspaper for the period Of SO DAYS.
Notice must be published 10 eonsscna,.
weeks in weekly newspaper. and IN ds,,v
rewspApers GO days must elspse between ~
first and last insertions.
Where the Register designates the dsily issua
OF newspaper fer publication Of notices Of 1
mining application for patent 1t Is not 1 com.
plisnce with law TO change to the weekly All.
ton Of the same paper without authority ~
the Register.
The existence Of Q salt spring on a tyset a,
land wtthdraws 1t from the operation of ths
Homestead and presumption laws. A hssrins
for the purpose Of proving the agricultural
character OF such land 10 not allowed. Land
containing valuable deposits Of slate NAV NJ
entered under the mining Acts.
ADVERSE oLArxs.
Adverse claimants must file 9 separate and
distinct claim against each application which
IL 10 alleged conflicts with the premises ownsd
by u adverse claimant.
The papers In an adverse claim, once hled.
cannot be Withdrawn, but becomes q part Of the
record.
When an adverse claim has been aled IL can.
not be amended so a. to embrace . larger per.
ton OF the premises than that described In the
original adverse claim.
An adverse claim must be made out in
proper form and filed in the proper local Office
during the period Of publication Of the applt
cation for the patent to be effective.
1t 10 the duty OF the adverse claimant
suit in proper form within the re-
Quired time. and II he trusts the uscrtan
medium of the United States mail be must
abide the consequences. should tie delay
ensue, through misfortune or accident Should
the failure to suit be the result
the cor rupt or dish onest action Of his ~sttsgnsy,
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth In Do.
tail the facts upon which he bases his adverse
claim. A statement In general terms, embody.
ing conclusions Of law. without stating the
facts specially, will not be considered In sm'
dence.
An adverse claimant should show s compli'
ance with the local laws in recording hisclsim
and in regard to expenditures. and shall he
copy Of the original notice of his locstion, ana
show the nature or extent OF the connie'
alleged.
An allegation Of parties to . suit that faey
compose the company 10 sufficient, ana tnsy
are not required to prove that they are ths
original ~locstors or the identical parties VINO
present the adverse claim.
AGRICULTURAL on LANDS.
Where land is Of little. II any value, for sgri
cultural purposes. but 10 essential 70 ts
proper development Of mining claims, !"
should be disposed Of under the Mining Aet'
Where lands containing valuable miners
deposits have been included In an agricuitufs
entry, said entry will be Cancelled a. any tme
prior to Issuance of patent, upon satisfactory
evidence OF the existence of such valuable DO
posits. ~.
Where valuable deposits of mineral are ds.
covered upon q tract sitter the same iss ossn
en- tered as agricultural, but before ] Aent 1s
been issued, the parties claiming the niue
may make application for patent Tor SAM,
and the agricultural entry will be canceieu ~
that portion Of the land embraced py s"u
mining claim.
agricultural lands after the patent mas ossa
issued to an agricultural claimant. they ps"
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
ALIENS.
A foreigner may make 9 mining locst'ou sSn
dispose OF 1t. provided he becomes : oi., ,Ss
before disposing OF the mine. PROOF tnss "a.
party was not b citizen before diBposing o' 4"
claim must be Afirmatively shown. o.,sr
Locators and intermediate owners s !"
than applicants, will not be presumed ~
in the absence of allegation or oDJecuon -
to issuance Of patent. -, N an
The portion of q mining Claim SUI h
alien cannot be patented while suon w =
an alien: but ON his declaration 70 po ov
citizen his right dates back to MS paiSSss stated
sud he may thereupon secure uni'e's
patent for his claim.
CROSS LEDGEs
Revised Statutes. Section 1885: ,.,.,sect
Where two or more lodges cross ml jill and
each other, priority Of title shall eo,u II ore
such prior location shall be entitled "a inter.
or mineral contsined within the spacso..
section, but the subsequent location - inter.
the right of way through the space
section for the purpose OF the y or more
working Of the mine. And where .wyan .hsl
veins unite the oldest or prior locAa,n in.
take the vein below the point OF un'o''
Guiding eli the space Of intersection
ruNxrLs.
There IA no authority of law Tor sn..iou
,oc.tton y 900 nv i. 800 feet. A proper !o
~ a. n,dth m the tunnel for 5000 feet sns
Tbere is no provision OF law Tor ps; ~ mn.
tnnnsi Iocations, but lodes discovers .nns
ming a tunnel may be patented In
as other lodes. .,ai owners 10